Rule 12.410. SUBPOENA

RULE 12.410. SUBPOENA

(a)

Subpoenas Generally.

(1)

Subpoenas for testimony before the court,

subpoenas for production of tangible evidence, and subpoenas for

taking depositions may be issued by the clerk of court or by any

attorney of record in an action. No subpoena issued under this rule,

even if for the purpose of proof of service or nonservice of the

subpoena, can be filed with the court unless in compliance with

Florida Rule of General Practice and Judicial Administration 2.425.

(2)

Notice to Parties of Issuance of Subpoena. A party

issuing a subpoena through an attorney of record or clerk of the

court under this rule must, on the same day as the subpoena is

issued, serve each party to the proceeding with a notice of issuance

of subpoena and file this notice with the court. The notice of

issuance of subpoena must identify the person or entity subject to

the subpoena, the date the subpoena will be issued, and the date

and time for appearance or production, and must recite that all

references to account numbers or personal identifying numbers are

in compliance with Florida Rule of General Practice and Judicial

Administration 2.425. An unexecuted copy of the subpoena to be

issued must be attached to the Notice of Subpoena. Issuance of

subpoenas in injunction for protection cases must comply with

section 119.0714, Florida Statutes, Florida Rule of General Practice

and Judicial Administration 2.420, and any other applicable

statutes and rules of procedure. Notice of Issuance of Subpoena

does not apply to rule 12.351.

ion 2.425. An unexecuted copy of the subpoena to be

issued must be attached to the Notice of Subpoena. Issuance of

subpoenas in injunction for protection cases must comply with

section 119.0714, Florida Statutes, Florida Rule of General Practice

and Judicial Administration 2.420, and any other applicable

statutes and rules of procedure. Notice of Issuance of Subpoena

does not apply to rule 12.351.

(b)

Subpoena for Testimony Before the Court.

(1)

Every subpoena for testimony before the court must

be issued by an attorney of record in an action or by the clerk

under the seal of the court and must state the name of the court

and the title of the action and must command each person to whom

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it is directed to attend and give testimony at a time and place

specified in it.

(2)

On oral request of an attorney or party, the clerk

must issue a subpoena for testimony before the court or a

subpoena for the production of documentary evidence before the

court signed and sealed but otherwise in blank, both as to the title

of the action and the name of the person to whom it is directed, and

the subpoena must be filled in before service by the attorney or

party.

(c)

For Production of Documentary Evidence.

(1)

Generally. A subpoena may also command the

person to whom it is directed to produce the books, papers,

documents (including electronically stored information), or tangible

things designated therein, but the court, on motion made promptly

and in any event at or before the time specified in the subpoena for

compliance with it, may:

(A)

quash or modify the subpoena if it is

unreasonable and oppressive, or

(B)

condition denial of the motion on the

advancement by the person in whose behalf the subpoena is issued

of the reasonable cost of producing the books, papers, documents,

or tangible things

, but the court, on motion made promptly

and in any event at or before the time specified in the subpoena for

compliance with it, may:

(A)

quash or modify the subpoena if it is

unreasonable and oppressive, or

(B)

condition denial of the motion on the

advancement by the person in whose behalf the subpoena is issued

of the reasonable cost of producing the books, papers, documents,

or tangible things.

A party seeking a production of evidence at trial which

would be subject to a subpoena may compel production by serving

a notice to produce evidence on an adverse party as provided in rule

12.080(a). That notice has the same effect and is subject to the

same limitations as a subpoena served on the party.

(2)

Compliance with Rule 2.425. Any notice to produce

issued under this rule must comply with Florida Rule of Judicial

Administration 2.425.

(d)

Service. A subpoena may be served by any person

authorized by law to serve process or by any other person who is

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not a party and who is not less than 18 years of age. Service of a

subpoena on a person named in it must be made as provided by

law. Proof of service must be made by affidavit of the person making

service except as applicable under rule 12.351(c) for the production

of documents and things by a nonparty without deposition, if not

served by an officer authorized by law to do so.

(e)

Subpoena for Taking Depositions.

(1)

Filing a notice to take a deposition as provided in

rule 12.310(b) or 12.320(a) with a certificate of service showing

service on all parties to the action constitutes an authorization for

the issuance of subpoenas for the persons named or described in

the notice by the clerk of the court in which the action is pending or

by an attorney of record in the action. The subpoena must state the

method for recording the testimony

deposition as provided in

rule 12.310(b) or 12.320(a) with a certificate of service showing

service on all parties to the action constitutes an authorization for

the issuance of subpoenas for the persons named or described in

the notice by the clerk of the court in which the action is pending or

by an attorney of record in the action. The subpoena must state the

method for recording the testimony. A party intending to

audiovisually record a deposition must state in the subpoena that

the deposition is to be audiovisually recorded and identify the

method for audiovisually recording the deposition, including, if

applicable, the name and address of the operator of the audiovisual

recording equipment. If a party intends to take a deposition by

communication technology, the subpoena must state the deposition

is to be taken using communication technology, identify the specific

form of communication technology to be used, and provide

instructions for access to the communication technology. The

subpoena may command the person to whom it is directed to

produce designated books, papers, documents, or tangible things

that constitute or contain evidence relating to any of the matters

within the scope of the examination permitted by rule 12.280(c), but

the subpoena will then be subject to the provisions of rule 12.280(d)

and subdivision (c) of this rule. Within 10 days after its service, or

on or before the time specified in the subpoena for compliance if the

time is less than 10 days after service, the person to whom the

subpoena is directed may serve written objection to inspection or

copying of any of the designated materials. If objection is made, the

party serving the subpoena is not entitled to inspect and copy the

materials except pursuant to an order of the court from which the

subpoena was issued. If objection has been made, the party serving

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the subpoena may move for an order at any time before or during

the taking of the deposition on notice to the deponent.

als. If objection is made, the

party serving the subpoena is not entitled to inspect and copy the

materials except pursuant to an order of the court from which the

subpoena was issued. If objection has been made, the party serving

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the subpoena may move for an order at any time before or during

the taking of the deposition on notice to the deponent.

(2)

A person may be required to attend an examination

only in the county in which the person resides or is employed or

transacts business in person or at another convenient place fixed

by an order of court.

(f)

Contempt. Failure by any person without adequate

excuse to obey a subpoena served on that person may be deemed a

contempt of the court from which the subpoena issued.

(g)

Depositions before Commissioners Appointed in this

State by Courts of Other States; Subpoena Powers; etc. When

any person authorized by the laws of Florida to administer oaths is

appointed by a court of record of any other state, jurisdiction, or

government as commissioner to take the testimony of any named

witness within this state, that witness may be compelled to attend

and testify before that commissioner by witness subpoena issued by

the clerk of any circuit court at the instance of that commissioner

or by other process or proceedings in the same manner as if that

commissioner had been appointed by a court of this state. No

document or paper writing can be compulsorily annexed as an

exhibit to the deposition or otherwise permanently removed from

the possession of the witness producing it, but a copy may be

annexed to and transmitted with the executed commission to the

court of issuance.

sioner

or by other process or proceedings in the same manner as if that

commissioner had been appointed by a court of this state. No

document or paper writing can be compulsorily annexed as an

exhibit to the deposition or otherwise permanently removed from

the possession of the witness producing it, but a copy may be

annexed to and transmitted with the executed commission to the

court of issuance.

(h)

Subpoena of Minor. Any minor subpoenaed for

testimony has the right to be accompanied by a parent, guardian,

guardian ad litem, or attorney ad litem at all times during the

taking of testimony notwithstanding the invocation of the rule of

sequestration of section 90.616, Florida Statutes, except on a

showing that the presence of a parent or guardian is likely to have a

material, negative impact on the credibility or accuracy of the

minor’s testimony, or that the interests of the parent or guardian

are in actual or potential conflict with the interests of the minor.

The provisions of this subdivision do not alter the requirements of

rule 12.407 that a court order must be obtained before a minor

child may be subpoenaed to appear at a hearing.

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Committee Note

2008 Amendment. The provisions of Fla. R. Civ. P. 1.410(h)

do not alter the requirements of rule 12.407 that a court order must

be obtained before a minor child may be subpoenaed to appear at a

hearing.

2012 Amendment. This rule is amended to provide for service

in accordance with Florida Rule of Judicial Administration 2.516.